Rec d Digitally S W M D. Taylor, Dianna AFIN: S4-R3 PMT#: DOC ID#: BL>File TO: Dave Ann, Please see attached information.

Transcription

1 Taylor, Dianna From: Sent: To: Subject: Attachments: Leamons, Bryan Wednesday, September 02, :44 PM Taylor, Dianna FW: Cannon Landfill, LLC Cannon Landfill PreApp-NOD Response-lp pdf; Pre-Applicationrlp pdf Rec d Digitally From: Lance Powell [mailto:lpowell@ce-associates.biz] Sent: Wednesday, September 02, :23 PM To: Pennington, Dave Ann Cc: Leamons, Bryan; 'John Cannon' Subject: Cannon Landfill, LLC Dave Ann, Please see attached information. Thanks, Lance Powell, P.E. Member CIVIL ENGINEERING ASSOCIATES, LLC 2114 East Matthews Avenue Jonesboro, Arkansas Phone: (870) Fax: (870) Mobile: (870) AFIN: PMT#: 0256-S4-R3 By Dianna Taylor at 3:10 pm, Sep 02, 2015 DOC ID#: TO: BL>File S W M D 1

2 2114 East Matthews Avenue Jonesboro, Arkansas Fax September 2, 2015 Arkansas Department of Environmental Quality Solid Waste Management Division Attn: Ms. Dave Ann Pennington 5301 Northshore Drive North Little Rock, AR SUBJECT: Response to Notice of Deficiency Letter Pre-Application Proposed Class 4 Landfill Expansion Cannon Landfill, LLC Class 4 Landfill Solid Waste Permit Number 0256-S4-R3, AFIN Dear Ms. Pennington, On behalf of Cannon Landfill, LLC (Cannon), Civil Engineering Associates, LLC (CEA) is submitting the following information in response to the Notice of Deficiency (NOD) letter (Document Number: 67741) issued by the Arkansas Department of Environmental Quality (ADEQ) on July 13, 2015 regarding the Pre-Application submitted for the proposed expansion of the Cannon Class 4 Landfill. The deficiencies noted in the NOD letter are shown below in bold italics for reference, followed by the response from CEA. 1. Regulation (b)(2) states The location of the proposed disposal or processing site including a description of access roads, streams which are in close proximity to the site, dwellings and any other relevant geographic and geologic features of the site. Pre-application for disposal facilities shall include data on soil conditions and general geologic features. Some of these elements are not included. a. Access Roads A map showing some of the access roads was included in the submittal. In addition, please provide a written description of the access roads and directions to the landfill. b. Geographic Features Provide additional narrative in the preapplication to note the site proximity to the Waste Management Jefferson County Class 1 Landfill, Jefferson County Waste Tire Processing Facility, active mining operations, timber property, etc. c. Figure 3 shows an abandon dwelling within the boundary of the proposed expansion area. Please provide a statement to the existence or non-existence of any wells at this location. CONWAY JONESBORO POPLAR BLUFF

3 Cannon Landfill, LLC Class 4 Landfill Page 2 Section (2) and (4) of the enclosed Pre-Application have been revised to address these items. 2. Regulation (b)(3) states A 7.5 minute USGS quadrangle map showing disposal or processing site boundaries. Provide an updated 7.5 minute USGS quadrangle map showing the disposal or processing site boundaries that are similar to the areas outlined on Figure 3 (Aerial Photograph) and Figure 4 (Site Map). In addition, include the outline of the property boundary on the map. The 7.5 quadrangle map submitted did not include the property boundary and the existing and proposed boundaries were not the same as Figure 3 and Figure 4. Revise the 7.5 minute USGS quadrangle map. Figure 2 of the enclosed Pre-Application has been revised as requested. 3. Section 2.2.1(8) states A Disclosure Statement for Cannon is currently on file with the Arkansas Department of Environmental Quality (ADEQ). Regulation (b)(8) states that all pre-applications shall contain a Disclosure Statement. Arkansas Code Annotated Section requires that all applicants for the issuance or transfer of any permit, licenses, certification or operational authority issued by the Arkansas Department of Environmental Quality (ADEQ) file a disclosure statement. You must submit a new disclosure statement even if you have one on file with the Department for the pre-application to be considered complete. Section (8) of the enclosed Pre-Application has been revised to address this item. 4. The Certificate of Need Petition maps, notifications, and statements included in appear to be for the Vertical Expansion [See the Permit Modification Application Vertical Expansion (Doc )]. A Certificate of Need for the lateral expansion area should be obtained and included for the Pre-Application package to be complete per Regulation (b)(10). Appendix J of the enclosed revised Pre-Application includes a letter from the Southeast Arkansas Regional Solid Waste Management District indicating that the Certificate of Need provided in the original Pre-Application was intended for the vertical and lateral expansion. 5. The notification to Jefferson County Judge dated May 6, 2014 states the permit modification will involve an increase in the permitted area and waste disposal capacity at the facility as indicated on the attached map. The attached map (Figure 2) shows the existing Class 4 area and does not show the lateral expansion area. [The other notifications included in the submittal contained the same attached map (Figure 2).] Update the appropriate parties to meet (f). The intent of the map attached to the letter sent to Jefferson County was to illustrate the site location. Jefferson County was notified about the proposed expansion which complies with the requirement of Arkansas Regulation (f). CONWAY JONESBORO POPLAR BLUFF

4 Cannon Landfill, LLC Class 4 Landfill Page 3 If you have any questions, or if you need additional information, please do not hesitate to contact our office. CIVIL ENGINEERING ASSOCIATES, LLC Lance Powell, P.E. Project Manager Enclosures: Pre-Application (Revised August 2015) cc: Cannon Landfill, LLC CONWAY JONESBORO POPLAR BLUFF

5 PRE APPLICATION PROPOSED CLASS 4 LANDFILL EXPANSION CANNON LANDFILL, LLC CLASS 4 LANDFILL SOLID WASTE PERIT NO S4 R3 AFIN NO July 2014 (Revised August 2015) Prepared For: Cannon Landfill, LLC 4400 German Springs Road Pine Bluff, Arkansas (870) Prepared By: CIVIL ENGINEERING ASSOCIATES, LLC 2114 East Matthews Avenue Jonesboro, Arkansas (870) Fax: (870)

6 Cannon Landfill, LLC Class 4 Landfill Pre-Application Proposed Class 4 Landfill Expansion TABLE OF CONTENTS 1.0 INTRODUCTION Background Purpose, Scope, and Applicability ARKANSAS REGULATION 22 REQUIREMENTS General Provisions (Section ) Pre-Application Procedures (Section ) Pre-Application Form and Documents GENERAL SITE GEOLOGY WASTE SREAM PROCESS DESCRIPTION LIST OF FIGURES FIGURE 1 Site Location Map...2 FIGURE Minute USGS Quadrangle map...3 FIGURE 3 Aerial Photograph...4 FIGURE 4 Site Map...5 LIST OF APPENDICES APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDIX E APPENDIX F APPENDIX G APPENDIX H APPENDIX I APPENDIX J APPENDIX K APPENDIX L APPENDIX M Pre-Application Form Airport Safety Correspondence Floodplain Location Restriction Demonstration Wetlands Location Restriction Demonstration Separation Distances and Buffer Zone Location Restrictions Endangered Species Demonstration Historic Archeology Correspondence Property Ownership Documentation Disclosure Statement Certificate of Need Documentation Notification to Local Authority Host Community Approval Documentation Site Geology Information Civil Engineering Associates, LLC i July 2014 (Revised August 2015)

7 Cannon Landfill, LLC Class 4 Landfill Pre-Application Proposed Class 4 Landfill Expansion 1.0 INTRODUCTION This document constitutes a Pre-Application for a proposed expansion of the Cannon Landfill, LLC (Cannon) Class 4 Landfill (Permit No S4-R3), as compiled by Civil Engineering Associates, LLC (CEA) in accordance with the Arkansas Pollution Control and Ecology Commission Regulation 22 Solid Waste Management Rules (Arkansas Regulation 22). The proposed landfill expansion includes approximately 10 acres located east of the current landfill area. Cannon owns the property proposed for the landfill expansion. 1.1 BACKGROUND Cannon is currently preparing a Permit Modification Application to expand their Class 4 disposal area. The general location of the site is shown on FIGURE 1. The proposed expansion will incorporate approximately 10 acres located in part of the Northwest quarter of the Southeast quarter of Section 27, Township 4 South, Range 11 West, Jefferson County, Arkansas as illustrated on FIGURE 2. Cannon currently owns, operates, and maintains a Class 4 landfill adjacent to and west of the proposed expansion area in accordance with the existing solid waste permit. FIGURE 3 is an aerial photograph that illustrates the proposed site and surrounding area. FIGURE 4 presents a layout of the Cannon Class 4 Landfill. 1.2 PURPOSE, SCOPE, AND APPLICABILITY The following information and supporting documents constitute a Pre-Application corresponding to the proposed expansion of the Cannon Class 4 Landfill. This document is intended to comply with Section of Arkansas Regulation 22 and will address the following: 1. The name and address of the applicant and the owner of the site or facility. 2. The location of the proposed disposal or processing site including a description of access roads, streams which are in close proximity to the site, dwellings, and any other relevant geographic and geologic features of the site. Pre-application for disposal facilities shall include data on soil conditions and general geologic features. 3. A 7.5-minute USGS quadrangle map showing disposal or processing site boundaries. The processing facility must also be shown on an appropriate scale city or county map. 4. Copies of notifications to appropriate agencies regarding whether the selected site is in conformance with the airport safety, floodplain, wetlands, and separation distances location restrictions, and protective of endangered species, historic archeology, and flora and fauna. Those agencies include, but are not limited to, the Federal Aviation Administration, US Army Corps of Engineers, US Fish and Wildlife Services, Arkansas Game and Fish Commission, Arkansas Historic Preservation Program, Arkansas Natural Heritage Commission, and the Arkansas Department of Health. 5. Assurance that the permit applicant has the legal authority to enter the lands for purposes of performing site investigations and studies. 6. Declaration of the classification of landfill or type of processing area and proposed service area. Civil Engineering Associates, LLC 1 July 2014 (Revised August 2015)

8 Cannon Landfill, LLC Class 4 Landfill SITE LOCATION MAP CANNON LANDFILL, LLC CLASS 4 LANDFILL GENERAL HIGHWAY MAP-JEFFERSON COUNTY Arkansas State Highway and Transportation Department DESIGNED BY: DRAWN BY: APPVD. BY: SCALE: DATE: JOB NO: FIGURE 1 RLP RLP RLP NTS MAY 2014 CL-14-02

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12 Cannon Landfill, LLC Class 4 Landfill Pre-Application Proposed Class 4 Landfill Expansion 7. A description of the nature and type of wastes to be disposed of or processed. 8. Disclosure Statement (Not required for governmental entities including federal, state, county, municipal, regional solid waste authorities). 9. Pre-application fee according to current fee schedule. 10. Certificate of Need from Regional Solid Waste Planning Board in accordance with Arkansas Regulation Site selection approval by or notice to the local government authority as required under Arkansas Regulation Additional information deemed necessary by the Department for performance of a preliminary site investigation. Each of these criteria is specifically addressed in this document. Civil Engineering Associates, LLC 6 July 2014 (Revised August 2015)

13 Cannon Landfill, LLC Class 4 Landfill Pre-Application Proposed Class 4 Landfill Expansion 2.0 ARKANSAS REGULATION 22 REQUIREMENTS Permit application procedures are outlined in Chapter 3 of Arkansas Regulation 22. The following sections specifically address each of the required elements of the Pre-Application as they relate to a Class 4 landfill facility. 2.1 GENERAL PROVISIONS (SECTION ) The general provisions outlined in Section of Arkansas Regulation 22 provide the requirements common to all solid waste disposal permits. These sections of the regulations establish the authority, applicability, construction, and operation standards common to all applications. The majority of the requirements of this section will be addressed in the final application stage of the solid waste permit modification process. The following sections are applicable to the pre-application stage of the solid waste permit modification application process. Section (h) Signature on Applications This section of the regulation specifies the qualifications of the individual that can sign application materials for various types of entities. The pre-application form in APPENDIX A of this document is for a privately owned facility as defined by Section (h)(2) of Arkansas Regulation 22. The signature on the preapplication is in accordance with Section (h)(2) of Arkansas Regulation 22. Section (i) Professional Services Required This section of the regulation requires that the services of a registered professional engineer and a registered professional geologist shall be retained by Class 4 landfill applicants for disposal and processing permits, for the development of geotechnical and hydrogeologic studies, permit plans, and specifications. CEA is currently working with Cannon to prepare a solid waste Permit Modification Application, which includes geotechnical and hydrogeological studies, and permit plans for the Cannon Class 4 facility. CEA is a registered engineering company in the State of Arkansas and employs engineers registered to practice within the State of Arkansas. A geologist registered to practice within the State of Arkansas will be employed as necessary to perform geotechnical and hydrogeologic studies. 2.2 PRE-APPLICATION PROCEDURES (SECTION ) Prior to the preparation of detailed designs or extensive geologic investigations, applicants for new solid waste disposal and processing permits, or modified permits involving an expansion of the permitted area must prepare and submit a Pre-Application. The following sections provide specific information required for a Pre-Application for a Class 4 landfill lateral expansion Pre-Application Form and Documents All Pre-Applications must contain at least the following information and supporting documentation: 1. The name and address of the applicant and the owner of the site or facility. (Section (b)(1)) Civil Engineering Associates, LLC 7 July 2014 (Revised August 2015)

14 Cannon Landfill, LLC Class 4 Landfill Pre-Application Proposed Class 4 Landfill Expansion Cannon Landfill, LLC Contact: O.C. Cannon Post Office Box White Hall, Arkansas (870) The location of the proposed disposal or processing site including a description of access roads, streams which are in close proximity to the site, dwellings and any other relevant geographic and geologic features of the site. Pre-application for disposal facilities shall include data on soil conditions and general geologic features. (Section (b)(2)) FIGURE 1 through FUGURE 4 display the area associated with the proposed expansion in relation to the permitted area at the Cannon Class 4 Landfill. The figures illustrate the location of the existing Cannon Class 4 Landfill, the location of the proposed landfill expansion area, the geographic and geologic features of the site and surrounding area, and the location of all access roads, dwellings, and streams which are in close proximity to the site. The facility is accessible from Interstate 530 by taking Exit 27 and traveling west on Gravel Pit Road approximately one quarter of a mile to German Springs Road, then south on German Springs Road approximately one half of a mile to the facility entrance. The Jefferson County Waste Tire Processing Facility and the WMA Jefferson County Class 1 Landfill are located adjacent to and west of the northern half of the Cannon Class 4 Landfill property. A gravel mining operation is located immediately east of the facility and the remaining surrounding area consists of timberland. All storm water run-off generally drains in a southern direction to an unnamed tributary of Derrieussaux Creek. A summary of the general geologic features and geotechnical conditions are included in SECTION 3.0 of this document. 3. A 7.5-minute quadrangle map showing disposal or processing site boundaries. The processing facility must also be shown on an appropriate scale city or county map. (Section (b)(3)) The facility is illustrated on a General Highway Map of Jefferson County as shown on FIGURE 1. FIGURE 2 is a 7.5-minute quadrangle map illustrating the proposed expansion area in relation to the permitted area at the Cannon Class 4 Landfill. The maps indicate the existing permitted area and the proposed expansion area which consists of approximately 10 acres located east of the existing permitted area. The boundaries of the property are also indicated on the maps. 4. Copies of notifications to appropriate agencies regarding whether the selected site is in conformance with the airport safety, floodplain, wetlands, and separation distances location restrictions, and protective of endangered species, historic archeology, and flora and fauna. Those agencies include, but are not limited to, the Federal Aviation Administration, US Army Corps of Engineers, US Fish and Wildlife Services, Arkansas Game and Fish Commission, Civil Engineering Associates, LLC 8 July 2014 (Revised August 2015)

15 Cannon Landfill, LLC Class 4 Landfill Pre-Application Proposed Class 4 Landfill Expansion Arkansas Historic Preservation Program, Arkansas Natural Heritage Commission, and the Arkansas Department of Health. (Section (b)(4)) AIRPORT SAFETY: Arkansas Regulation 22 does not require a location restriction demonstration in regard to airport safety for Class 4 landfills. However, in accordance with Arkansas Regulation (b)(4), the Federal Aviation Administration (FAA) was notified concerning the proposed landfill expansion and requested to provide a statement regarding whether or not the planned development will adversely impact airport safety. A copy of the notification to the FAA and their response letter is included as APPENDIX B. FLOODPLAIN: A Flood Insurance Rate Map (FIRM) produced by the Federal Emergency Management Agency indicates there is no flood potential for the proposed landfill expansion area. Therefore, the Cannon Class 4 Landfill expansion will not restrict the flow of the base flood, reduce the temporary water storage capacity of the flood plain, or result in a washout of solid waste. A copy of the referenced FIRM is provided in APPENDIX C. WETLANDS: A request was made to the United States Army Corps of Engineers (USACE) for a determination regarding whether or not the planned development will adversely impact any known wetland areas or Waters of the United States. In a letter dated May 27, 2014, the USACE indicated that no wetlands are located within the proposed expansion area. APPENDIX D contains all related correspondence. SEPARATION DISTANCES: In accordance with Arkansas Regulation 22, applicants for new Class 4 landfills and expansions to the permitted area shall comply with the following minimum separation distances and buffer zones as measured from the proposed active portion of the landfill: (1) Five hundred (500) feet of an existing well or water intake used as a drinking water source. (2) Three hundred (300) feet of an existing dwelling, unless owned by the applicant. (3) One hundred (100) feet of the property boundary. A review of records provided by the Arkansas Water Well Construction Commission indicated that there are no private water wells located within the required 500-foot separation distance from the proposed landfill expansion. In addition, the Arkansas Department of Health was contacted to ensure that no public water sources are located within the 500-foot buffer. The abandoned dwelling shown on FIGURE 3 had a well that has been filled with sand by the owner. A 300-foot separation distance will be maintained between the waste disposal boundary and all adjacent dwellings. In addition, Cannon will incorporate a 100-foot buffer between the waste boundary and the landfill property line associated with the design of any new units or lateral expansions. In addition to the three separation distances above, landfills shall not be established, operated, or maintained within 1,000 feet of the nearest edge of the right-of-way of any Civil Engineering Associates, LLC 9 July 2014 (Revised August 2015)

16 Cannon Landfill, LLC Class 4 Landfill Pre-Application Proposed Class 4 Landfill Expansion interstate, primary, or other state highway designated by the Arkansas Highway and Transportation Commission unless the landfill is screened by natural objects, plantings, fences, or other appropriate means. The proposed landfill expansion will be in compliance with this separation distance requirement. Documentation on the conformance with the separation distances for water wells, existing dwellings, and highways is included in APPENDIX E. ENDANGERED SPECIES: The United States Fish and Wildlife Service (USF&WS) and Arkansas Natural Heritage Commission (ANHC) were contacted regarding the potential impact to threatened or endangered species in the vicinity of the Cannon Class 4 Landfill. A response provided by the USF&WS listed the threatened and endangered species known to occur in the region and offered guidance to avoid adverse effects associated with sedimentation and nitrification. In addition, the ANHC could not find any records indicating elements of concern within or near the subject property. All related correspondence is included in APPENDIX F. HISTORIC ARCHEOLOGY: A notification was sent to the Arkansas Historic Preservation Program (AHPP) to determine the potential for impact to known archeological sites in the area. The AHPP sent a response to the notification indicating that no known historic properties would be affected by the proposed landfill expansion. Copies of the referenced correspondence is included in APPENDIX G. 5. Assurance that the permit applicant has the legal authority to enter the lands for purposes of performing site investigations and studies. (Section (b)(5)) Cannon owns the subject property which includes the existing permitted acreage corresponding to the Class 4 Landfill and the proposed 10-acre expansion area. Documentation of the property ownership for the subject property is included in APPENDIX H. 6. Declaration of the classification of the landfill or type of processing area and proposed service area. (Section (b)(6)) The Cannon landfill is classified as a Class 4 solid waste landfill as defined by Arkansas Regulation 22. The Cannon Class 4 Landfill can accept construction and demolition wastes, appliances, furniture, stumps, limbs, and other bulky wastes as allowed via the existing solid waste permit. The waste materials are non-hazardous, inert, and non-putrescible. Cannon is in the process of preparing a Permit Modification Application for the landfill to consider an expansion of the permitted area and capacity. Because the proposed expansion will involve an increase in the landfill permitted capacity and area, the Permit Modification Application will be considered major in terms of Arkansas Regulation 22 applicability. The Cannon Class 4 Landfill currently serves the following counties within the Southeast Arkansas Regional Solid Waste Management District (SARSWMD): Civil Engineering Associates, LLC 10 July 2014 (Revised August 2015)

17 Cannon Landfill, LLC Class 4 Landfill Pre-Application Proposed Class 4 Landfill Expansion Counties: Population Arkansas: 19,019 Cleveland: 8,689 Grant: 17,853 Jefferson: 77,435 Lincoln: 14,134 * Based on 2010 Census Data U.S. Census Bureau 7. A description of the nature and type of wastes to be disposed of or processed. (Section (b)(7)) A description of the nature and type of waste to be disposed is included in SECTION 4.0 of this document. 8. Disclosure Statement (Not required for governmental entities including federal, state, county, municipal, regional solid waste authorities). (Section (b)(8)) A Disclosure Statement for Cannon is included in APPENDIX I. 9. Pre-application fee according to current fee schedule. (Section (b)(9)) The 1,000-dollar pre-application fee is provided with the cover letter transmitting this document. 10. Certificate of Need from Regional Solid Waste Planning Board in accordance with Arkansas Regulation (Section (b)(10)) The Certificate of Need issued by the SARSWMD is included in APPENDIX J. 11. Site selection approval by or notice to the local government authority as required under Arkansas Regulation (Section (b)(11)) Jefferson County has jurisdiction over the site and was notified regarding the proposed expansion of the Cannon Class 4 Landfill. A copy of the notification sent to Jefferson County is provided in APPENDIX K. 12. Additional information deemed necessary by the Department for performance of a preliminary site investigation. (Section (b)(12)) Host Community approval of the proposed landfill expansion was granted by the City of White Hall with a resolution dated May 19, A copy of the resolution is included in APPENDIX L. Additional information will be supplied if requested by the ADEQ. Sections (c), (d), (e), and (f) of Arkansas Regulation 22 pertain to the steps that are to be taken in response to the filing of this Pre-Application. More specifically, these sections pertain Civil Engineering Associates, LLC 11 July 2014 (Revised August 2015)

18 Cannon Landfill, LLC Class 4 Landfill Pre-Application Proposed Class 4 Landfill Expansion to public meetings, the pre-site investigation by the ADEQ, and the ADEQ response to the presite investigation. Cannon will document actions to further investigate and overcome site limitations in the facility design which are identified in the preliminary site investigation prior to submitting the final Permit Modification Application. Civil Engineering Associates, LLC 12 July 2014 (Revised August 2015)

19 Cannon Landfill, LLC Class 4 Landfill Pre-Application Proposed Class 4 Landfill Expansion 3.0 GENERAL SITE GEOLOGY The purpose of the preliminary site investigation is to provide a limited review of the subject property based on available information and data. Therefore, detailed subsurface studies and investigations are beyond the scope of this report and were therefore not conducted. Detailed geologic and geotechnical investigations will be developed in conjunction with the Class 4 Landfill Permit Modification Application process. The proposed expansion site is located in the Gulf Coastal Plain near the edge of the Mississippi Alluvial Plain. The region is characterized by geologically sedimentary deposits consisting of sand, silt, and clay. The surface geology consists of alternating sequences of reddish clay and gravel. The gravel layers tend to be lenticular and highly variable in thickness and extent. The gravel tends to be near the surface with decreasing gravel at depth. The primary formation exposed at the site is the Tertiary age Jackson Group. The Jackson Group is overlain in portions of the site by Quaternary age terrace deposits which have been partially removed by gravel mining. The Jackson Group primarily consists of clays, silts, sands, and gravels with very thin peat layers. The Jackson Formation is not considered a water bearing unit. APPENDIX M includes a soil report and associated information for the landfill area. The primary drinking water source for the area is the Sparta Sand Formation which lies approximately 900 feet below the surface. The Sparta is overlain by a thick confining unit called the Cook Mountain Formation which is approximately 150 feet thick. The Jackson Formation is also considered a confining unit and is located approximately 450 feet above the Sparta Sand. A minor aquifer in the areas is the Cockfield Formation. The depth of the Cockfield Formation is approximately 500 feet below ground surface. Existing soils within the proposed expansion area will be evaluated to determine their suitability for construction of compacted clay liners and/or barrier layers. Arkansas Regulation requires that all compacted clay liners (top and bottom) constructed for Class 4 facilities consist of 18 inches of material with a hydraulic conductivity of no more than 1 x 10-5 cm/sec. Based on a soils investigation performed by Anderson Engineering Consultants, Inc. on June 6, 2002 and subsequent laboratory testing, the onsite soils are capable of meeting the permeability requirement. If sufficient quantities of liner quality clays are not available on site, it is likely that they can be secured within a close proximity of the site. Although further investigation is needed, it is likely that sufficient quantities of weekly and interim cover material are available. Arkansas Regulation states that owners or operators must demonstrate that engineering measures have been incorporated into the unit s landfill design to ensure that the integrity of the structural components of the unit will not be disrupted. The owner or operator must consider the following factors, at a minimum, when determining whether an area is unstable: (1) On-site or local soil conditions that may result in significant differential settling. (2) On-site or local geologic or geomorphologic features; and (3) On-site or local human-made features or events (both surface and subsurface). Civil Engineering Associates, LLC 13 July 2014 (Revised August 2015)

20 Cannon Landfill, LLC Class 4 Landfill Pre-Application Proposed Class 4 Landfill Expansion Based on a site reconnaissance and literature review, it is unlikely that near surface soils would result in an unstable condition that could affect the integrity and stability of a solid waste disposal facility. In addition, it is unlikely that the remaining site soils would be considered expansive or subject to large volume changes as a result of moisture content variations. Civil Engineering Associates, LLC 14 July 2014 (Revised August 2015)

21 Cannon Landfill, LLC Class 4 Landfill Pre-Application Proposed Class 4 Landfill Expansion 4.0 WASTE SREAM PROCESS DESCRIPTION This section presents the nature and type of waste to be disposed in the Cannon Class 4 Landfill. Arkansas Regulation 22, Section describes class 4 waste as non-hazardous, bulky, inert, non-putrescible solid waste that does not degrade, or degrades very slowly. The type of wastes that are eligible for disposal in a Class 4 landfill include the following: construction and demolition waste, appliances, furniture, stumps, limbs, and other bulky wastes that are not normally collected with other household, commercial, or industrial wastes. Civil Engineering Associates, LLC 15 July 2014 (Revised August 2015)

22 Cannon Landfill, LLC Class 4 Landfill Pre-Application Proposed Class 4 Landfill Expansion APPENDIX A Pre-application Form Civil Engineering Associates, LLC July 2014 (Revised August 2015)

23 ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 8017 I-30, P.O. BOX 8913 LITTLE ROCK, AR SOLID WASTE DISPOSAL FACILITY PRE-APPLICATION FORM Pursuant to Section of Regulation 22, Solid Waste Management, applicants for new solid waste disposal facilities as well as expansions to the currently permitted disposal area shall prepare and submit a pre-application before preparing detailed design drawings, narratives, or extensive geologic investigations. SOLID WASTE DISPOSAL FACILITY I. FACILITY TYPE (Check the one that applies) Class 1 X Class 4 Class 3C Class 3N Class 3T II. FACILITY IDENTIFICATION Facility Site Name: Cannon Landfill, LLC Class 4 Landfill Facility Location: Pine Bluff, Arkansas Site Manager Blake Small Street Address: 4400 German Springs Road City: Pine Bluff State: Arkansas Zip: County: Jefferson Telephone Number: (870) Fax: (870) Section/Township/Range Section 27, Township 4 South, Range 11 West Longitude: W 92 Degrees, 10 Minutes, 58 Seconds Latitude: N 34 Degrees, 20 Minutes, 19 Seconds Facility Is: New X Existing

24 Narrative Description of project: (Include any special design considerations.): A permit modification application is being prepared to expand the existing permitted area and capacity at the facility. The proposed expansion area is located east of and adjacent to the existing Class 4 landfill. The proposed expansion area consists of approximately 10 acres. Pre-Application Form Form:01PREAPP.WPD Updated: July 1, 2000 Page 2

25 III. APPLICANT IDENTIFICATION (Must be the Facility Owner or Operator) Name of Facility : Cannon Landfill, LLC Class 4 Landfill Address of Facility : 4400 German Springs Road City: Pine Bluff Telephone Number: (870) State: Arkansas Zip: Fax (870) Is the applicant the Owner? X Yes No If no, please fill out Section IV below: IV. OWNER IDENTIFICATION Name of Owner: Cannon Landfill, LLC Address of Owner: Post Office Box City: White Hall State: Arkansas Property Owner Telephone Number: (870) Zip: Fax (870) V. SITE LOCATION Location of property referenced to known landmarks describing access roads to site The facility is located approximately seven miles northwest of White Hall, Arkansas on the west side of Interstate 530 Describe site and area drainage The elevation of the site property naturally slopes from north to south with approximately 30 feet of elevation difference. All storm water run-off generally drains in a southern direction and discharges to an un-named tributary of Derrieussaux Creek. Houses/Dwellings within 2 miles of site & method used to determine Approximately 120 houses/dwellings as depicted from a Arkansas State Highway and Transportation Department map of Jefferson County. Water supplies within 2 miles of site & method used to determine Eleven as recorded at the Arkansas Water Well Construction Commission. Pre-Application Form Form:01PREAPP.WPD Updated: July 1, 2000 Page 3

26 Describe the nature and type of waste this facility will dispose The facility currently accepts and will continue to accept Class 4 municipal solid waste as defined in Arkansas Regulation 22. VI REQUIRED ATTACHMENTS Pre-application fee as required by Regulation 9 ofthe Department; A disclosure statement, if required; A 7.5 minute quadrangle map showing the location ofthe facility property including disposal or processing facility boundaries, area dwellings and water supplies; Documentation on whether the selected site is in conformance with the applicable airport safety, floodplain, wetlands, and separation distances location restrictions; Assurance in the form ofa deed, lease, option, license, or other document that the permit applicant has the legal authority to enter the lands for purposes. ofperforming site investigatiops and studies; Local authority approval ifrequired by Section or ; A preliminary report providing data on site soil conditions, site and area geologic conditions, plus information on site and area hydrogeologic conditions including area aquifers; A Certificate of Need for all disposal facilities other than a Class 3N landfill that shall provide the required notification to the Regional Solid Waste Management Board; Notification to regional solid waste management boards and to local city or county with jurisdiction over the proposed site if required by Section ; Proofofownership or proof ofownership imd a property executed Right of Entry form must be provided. VII CERTIFICATION To the best ofmy knowled e and belief, I certify the information provided in this pre-application is true and accurate: John Cannon - Member PrintfType - Name & Title Date CONFIDENTIALITY: This pre-application shall be available for public inspection, provided, however, that the Department shall no/ djscjosfj"jilxcepll-{)..aujhol'izedp<j~y.any information which the DireCloraelerminesis entitled by1aw..io (Jtectiof/.astrade secrets without the consent of lheapplicant. Trade secrets shall not include the name and address ofthe applicant, nor any information necessary, as determined by the Director, for the public to evaluate the hazards associated with the proposed operation, Pre-Application Form Form:01PREAPP.wPD Updated: July 1, 2000 Page 4

27 Cannon Landfill, LLC Class 4 Landfill Pre-Application Proposed Class 4 Landfill Expansion APPENDIX B Airport Safety Correspondence Civil Engineering Associates, LLC July 2014 (Revised August 2015)

28 2114 East Matthews Avenue Jonesboro, Arkansas Fax May 2, 2014 Federal Aviation Administration Southwest Region Attn: Ms. Teresa Bruner 2601 Meacham Boulevard Fort Worth, Texas SUBJECT: Proposed Landfill Expansion Cannon Landfill, LLC Class 4 Landfill Solid Waste Permit No S4-R3; AFIN Dear Ms. Bruner, Cannon Landfill, LLC (Cannon) is currently in the process of applying for a Permit Modification from the Arkansas Department of Environmental Quality (ADEQ) for the expansion of their Class 4 landfill. The permit modification will involve an increase in the permitted area and waste disposal capacity at the facility. This notification is being submitted on behalf of Cannon as required by Section of Arkansas Regulation 22 and is intended to address airport safety as it relates to the planned development. Enclosed with this letter are two maps. Figure 1 shows the general location of the facility on an Arkansas state highway map. Figure 2 shows the approximate boundaries of the existing permitted landfill site and the proposed expansion area on a 7.5 minute quadrangle map. Civil Engineering Associates, LLC (CEA) respectfully requests a statement from your office regarding whether or not the planned development will adversely impact airport safety to assist in the permitting process through ADEQ. On behalf of Cannon, CEA sincerely appreciates your cooperation and attention regarding this matter. Please call us with any questions or if you need additional information. Sincerely, CIVIL ENGINEERING ASSOCIATES, LLC Lance Powell, P.E. Project Manager Enclosures: Figure 1 Site Location Map Figure 2 Site Map cc: O.C. Cannon HOT SPRINGS JONESBORO POPLAR BLUFF

29 Cannon Landfill, LLC Class 4 Landfill SITE LOCATION MAP CANNON LANDFILL, LLC CLASS 4 LANDFILL 2009 HIGHWAY MAP OF ARKANSAS Arkansas State Highway and Transportation Department DESIGNED BY: DRAWN BY: APPVD. BY: SCALE: DATE: JOB NO: FIGURE 1 RLP RLP RLP NTS NOVEMBER 2013 CL-13-04

30 SITE LOCATION EXISTING CLASS 4 LANDFILL FACILITY 8 ACRES Approximate Lat/Long Center of Property: N 34º20 19 W 92º10 58 FIGURE 2 SITE MAP Cannon Landfill, LLC Class 4 Landfill Whitehall, Arkansas PART OF THE NW 1/4, SE 1/4, SEC 27, T 4S, R 11W RE: USGS 7.5 Minute Quadrangle Hardin

31 U.S. Department Federal Aviation Administration 2601 Meacham Boulevard of Transportation Airports Division. Southwest Region Safety and Fort Worth, Texas Federal Aviation Administration Standards Branch June 5, 2014 Mr. Lance Powell, P.E. Project Manager Civil Engineering Associates 2114 East Matthews A v Jonesboro, Arkansas Subject: Cannon Landfill, LLC Class IV Landfill Proposed Landfill Expansion Solid Waste Permit No. 0256=S4-R3; AFIN Dear Mr. Powell: FAA File No AR This is in response to your letter of May 2, 2014, advising us of an application submitted by Cannon Landfill, LLC Type-IV landfill for an increase in the permitted area and waste disposal capacity. Using the coordinates of 3420' 19" N and 92 10' 58"W, we determined that there are no privately owned or publically owned public use airports within 5 statute miles ofthe municipal solid waste landfill site. We have no objection to the application submitted by Civil Engineering Associates for Cannon Landfill, LLC to amend their permit application for an increase in the permitted area and waste disposal capacity. Our position of no objection is based on our guidance for hazardous wildlife attractants on or near airports FAA Advisory Circular 150/ B and that the landfill site is located outside ofour 5 statute mile review criteria for existing landfills. This site has been assigned our file No AR. Please refer to this number in any future correspondence regarding this site. Thank you for coordinating this project with us. Ifthere are any questions, you can contact me at or bill.mitchell@faa.gov. Sincerely,./z;/~;?.~:4~ ~Trun Mitchell Lead Airport Certification Safety Inspector Southwest Region Airports Division

32 cc: Arkansas Department of Aeronautics 2315 Crisp Drive, Hangar 8 Little Rock, AR ~---, -._ ~-~----.~

33 Cannon Landfill, LLC Class 4 Landfill Pre-Application Proposed Class 4 Landfill Expansion APPENDIX C Floodplain Location Restriction Demonstration Civil Engineering Associates, LLC July 2014 (Revised August 2015)

34

35 Cannon Landfill, LLC Class 4 Landfill Pre-Application Proposed Class 4 Landfill Expansion APPENDIX D Wetlands Location Restriction Demonstration Civil Engineering Associates, LLC July 2014 (Revised August 2015)

36 2114 East Matthews Avenue Jonesboro, Arkansas Fax May 2, 2014 United States Army Corps of Engineers Regulatory Division Attn: Ms. Anne Woerner 4155 Clay Street Vicksburg, Mississippi SUBJECT: Proposed Landfill Expansion Cannon Landfill, LLC Class 4 Landfill Solid Waste Permit No S4-R3; AFIN Ms. Woerner: Cannon Landfill, LLC (Cannon) is currently in the process of applying for a Permit Modification from the Arkansas Department of Environmental Quality (ADEQ) for the expansion of their Class 4 landfill. The permit modification will involve an increase in the permitted area and waste disposal capacity at the facility. This notification is being submitted on behalf of Cannon as required by Section of Arkansas Regulation 22 and is intended to address the potential for wetlands impact as it relates to the planned development. Enclosed with this letter are two maps. Figure 1 shows the general location of the facility on an Arkansas state highway map. Figure 2 shows the approximate boundaries of the existing permitted landfill site and the proposed expansion area on a 7.5 minute quadrangle map. Civil Engineering Associates, LLC (CEA) respectfully requests a statement and determination from your office regarding whether or not the planned development will adversely impact any known wetland areas or Waters of the United States. This information will be used by the ADEQ in determining whether or not the site is suitable for development as a solid waste disposal facility. On behalf of Cannon, CEA sincerely appreciates your cooperation and attention regarding this matter. Please call us with any questions or if you need additional information. Sincerely, CIVIL ENGINEERING ASSOCIATES, LLC Lance Powell, P.E. Project Manager Enclosures: Figure 1 Site Location Map Figure 2 Site Map cc: O.C. Cannon CONWAY JONESBORO POPLAR BLUFF

37 Cannon Landfill, LLC Class 4 Landfill SITE LOCATION MAP CANNON LANDFILL, LLC CLASS 4 LANDFILL 2009 HIGHWAY MAP OF ARKANSAS Arkansas State Highway and Transportation Department DESIGNED BY: DRAWN BY: APPVD. BY: SCALE: DATE: JOB NO: FIGURE 1 RLP RLP RLP NTS NOVEMBER 2013 CL-13-04

38 SITE LOCATION EXISTING CLASS 4 LANDFILL FACILITY 8 ACRES Approximate Lat/Long Center of Property: N 34º20 19 W 92º10 58 FIGURE 2 SITE MAP Cannon Landfill, LLC Class 4 Landfill Whitehall, Arkansas PART OF THE NW 1/4, SE 1/4, SEC 27, T 4S, R 11W RE: USGS 7.5 Minute Quadrangle Hardin

39 REPLY TO ATTENTION OF: DEPARTMENT OF THE ARMY VICKSBURG DISTRICT, CORPS OF ENGINEERS 4155 CLAY STREET VICKSBURG, MISSISSIPPI May 27,2014 Operations Division SUBJECT: Approved Jurisdictional Determination - Proposed Cannon Landfill Expansion Site, Jefferson County, Arkansas Mr. Lance Powell Civil Engineering Associates, L.L.C East Matthews Avenue Jonesboro, Arkansas Dear Mr. Powell: I refer to your inquiry requesting a jurisdictional determination for the subject expansion site near White Hall, Arkansas. The site is located in section 27, T4S R11W, Jefferson County, Arkansas (enclosure 1). Based upon the information provided, we have determined that a Department of the Army Section 404 permit will not be required for any of the proposed work, since there are no jurisdictional wetlands or other waters of the United States located on the proposed project site. For your information, I have enclosed a copy of the basis of our determination (enclosure 2), and appeals form (enclosure 3). This jurisdictional determination is applicable for a period not to exceed 5 years from the date of this letter unless superseded by law or regulation. If the proposed work is not completed by this time, or if project plans change, you should contact this office for a reevaluation of permit requirements and refer to identification no. MVK when submitting the information. This determination of Department of the Army regulatory requirements does not. convey any property rights, either in real estate or material or any exclusive privileges, and does not authorize any injury to property or invasion of rights or local laws or regulations, or obviate the requirement to obtain state or local assent required by law for the activity discussed herein. The decision regarding this action is based on information found in the administrative record, which documents the District's decision-making process, the. basis for the decision, and the final decision.

40 -2 If we may be of any further assistance in this matter, please contact Mr. Arel D. Simpson of this office, telephone (601) , fax (601) , or address: Sincerely, Enclosures Charles R. Allred, Jr. Chief, Enforcement Section Regulatory Branch

41 27 May 2014 MVK Proposed Landfill Expanson O.C.Cannon Jefferson County, Arkansas Approved Jurisdictional Determination Prepared by Arel Simpson There are no jurisdictional waters of the U.S. within the project boundary. No permit is required for the proposed work activities within the project boundary. Legend m Proposed Landfill Expansion (9.95 Acs.) mj us Army Corps O' Engineers. Regulatory Branch Enforcement Section o CJ Project Boundary ~ Existing Landfill Facility (7.64 Acs.) Enclosure 1 N W.E S 240 Feet

42 ORM Printer Friendly JD Form Page 1 of5 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 27-May-2014 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Vicksburg District. MVK JD1 C. PROJECT LOCATION AND BACKGROUND INFORMATION: State : AR -Arkansas County/parish/borough: Jefferson City: Lat: Long: Universal Transverse Mercator Folder UTM List UTM list determined by folder location Name of nearest waterbody: Name of nearest Traditional Navigable Water (TNW): Name of watershed or Hydrologic Unit Code (HUC): NAD83 I UTM zone 15N Waters UTM List UTM list determined by waters location NAD83 I UTM zone 15N III Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. 1\0 Check if other sites (e.g., offsite mitigation sites. disposal sites, etcl.) are associated with the action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION: II! Office Determination Date: III Field Determination Date(s): 27-May-2014 If' A. RHA SECTION 10 DETERMINATION OF JURISDICTION There "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. r Waters subject to the ebb and flow of the tide. r Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area: 1 ;" < 1 '~--"'~ - -~~ UlVater Na':!l_e i.\i\ici~er Type(s) Present i UPJ ~.plands. i b. Identify (estimate) size of waters of the U.S. in the review area: Area: (m,,) Linear: (m) c. Limits (boundaries) of jurisdiction: EtJCLDSUf( ~

43 ORM Printer Friendly JD Form Page 2 of5 based on: 1987 Delineation Manual. OHWM Elevation: (if known) 2. Non-regulated waters/wetlands:3 Potentially jurisdictional waters and/orwetlands were assessed within the review area and determined to be not jurisdictional. Explain: The project site has been reviewed and determined to be an upland. The site has been and is being used for mining gravel and other fill materials for over 25 years. The site is at the head of the watershed. Any jurisdictional areas were altered. drained. or filled with the mining activities. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs 1.TNW Not Applicable. 2. Wetland Adjacent to TNW Not Applicable. B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): 1. Characteristics of non-tnws that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Drainage area: Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics (a) Relationship with TNW: roo Tributary flows directly into TNW. ~ Tributary flows through [ 1tributaries before entering TNW. :Number of tributaries Project waters are river miles from TNW. Project waters are river miles from RPW. Project Waters are aerial (straight) miles from TNW. Project waters are aerial(straight) miles from RPW. fir Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW:5 Tributary Stream Order, if known: Not Applicable. (b) General Tributary Characteristics: Tributary is: Not Applicable. Tributary properties with respect to top of bank (estimate): Not Applicable. Primary tributary substrate composition: Not Applicable. Tributary (conditions, stability, presence, geometry, gradient): Not Applicable /2014

44 ORM Printer Friendly JD Form Page 3 of5 (c) Flow: Not Applicable. Surface Flow is: Not Applicable. Subsurface Flow: Not Applicable. Tributary has: Not Applicable. If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction: High Tide Line indicated by: Not Applicable. Mean High Water Mark indicated by: Not Applicable. (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality;general watershed characteristics, etc.). Not Applicable. (iv) Biological Characteristics. Channel supports: Not Applicable. 2. Characteristics of wetlands adjacent to non-tnw that flow directly or indirectly into TNW (i) Physical Charactel'lstics: (a) General Wetland Characteristics: Properties: Not Applicable. (b) General Flow Relationship with Non-TNW: Flow is: Not Applicable. Surface flow is: Not Applicable. Subsurface flow: Not Applicable. (c) Wetland Adjacency Determination with Non-TNW: Not Applicable. (d) Proximity (Relationship) to TNW: Not Applicable. (ii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Not Applicable. (iii) Biological Characteristics. Wetland supports: Not Applicable. 3. Characteristics of all wetlands adjacent to the tributary (if any): All wetlands being considered in the cumulative analysis: Not Applicable. 5/

45 ORM Printer Friendly JD Form Page 4 of5 Summarize overall biological, chemical and physical functions being performed: Not Applicable. C. SIGNIFICANT NEXUS DETERMINATION,. -, - ", "_"'~O_C~cc" A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine ifthey significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists If the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus Include, but are not limited to the volume, duration, and frequency of the flow of water In the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It Is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Significant Nexus: Not Applicable D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERSIWETLANDS ARE: _co. ~,~,."_""_,~,~,,--,~,,,-~_,,,,~cc,,-.<~ _.~'_. ~,~,=_~_" "" "s-,,'_-'_'" 1. TNWs and Adjacent Wetlands: Not Applicable. 2. RPWs that flow directly or indirectly into TNWs: Not Applicable. Provide estimates for jurisdictional waters in the review area: Not Applicable. 3. Non-RPWs that flow directly or indirectly into TNWs:8 Not Applicable. Provide estimates for jurisdictional waters in the review area: Not Applicable. 4. Wetlands directly abutting an RPW that flow directly or Indirectly into TNWs. Not Applicable. Provide acreage 'estimates forjurisdictional wetlands in the review area: Not Applicable. 5. Wetlands adjacent to but not directly abutting an RPWthat flow directly or Indirectly into TNWs: Not Applicable. Provide acreage estimates for jurisdictional wetlands in the review area: Not Applicable. 6. Wetlands adjacent to non-rpws that flow directly or indirectly Into TNWs: Not Applicable. Provide estimates for jurisdictional wetlands in the review area: Not Applicable. 7. Impoundments ofjurisdictional waters:9 Not Applicable. E.ISOLATED [INTERSTATE OR INTRA-STATEIWATERS INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS:10 Not Applicable. Identify water body and summarize rationale supporting determination: Not Applicable. 5/27/2014

46 ORM Printer Friendly JD Form Page 5 of5 Provide estimates for jurisdictional waters in the review area: Not Applicable. F. NON-JURISDICTIONAL WATERS. INCLUDING WETLANDS Iii: If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual andlor appropriate Regional Supplements: P' Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce: r Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based soley on the "Migratory Bird Rule" (MBR): I!i!!I Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (Explain):!II Other (Explain): Provide acreage estimates for non-jurisdictional waters In the review area, where the sole potential basis ofjurisdiction is the MBR factors (ie., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment: Not Applicable. Provide acreage estimates for non-jurisdictional waters in the review area, that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Not Applicable. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD B. ADDITIONAL COMMENTS TO SUPPORT JD: Not Applicable. 1-Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2_For purposes ofthis form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least ' seasonally" (e.g., typically 3 months). 3_Supporting documentation is presented in Section III.F. 4_Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West. 5-Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. 6_A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 7-lbid. B-See Footnote #3. 9 -To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 1 _Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Disbicts will elevate the action to Corps and EPA HQ for review consistent with the process described in the CorpslEPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. 5/

47 NAPIRFA Explanatory Comments The enclosed letter contains an approved jurisdictional determination for your subject site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 C.F.R. part 331. Enclosed you will find a Notification ofappeal Process (NAP) fact sheet and Request for Appeal (RF A) form. If you request to appeal this determination, you must submit a completed RF A form to the Mississippi Valley Division office at the following address: Administrative Appeals Review Officer Mississippi Valley Division Post Office Box 80 Vicksburg, MS (601) In order for an RF A to be accepted by the Corps, the Corps must determine that it is complete, that it meets criteria for appeal under 33 C.F.R. part 331.5, and that it has been received by the Division office within 60 days ofthe date ofthe NAP. Should you decide to submit a RF A form, it must be received atthe above address by August 4,2014. It is not necessary to submit an RF A form to the Division office if you do not object to the determination in the enclosed letter.

48 Date: May 27,2014 Attached is: INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) PROFFERED PERMIT (Standard Permit or Letter ofpermission) PERMIT DENIAL See Section Below A B C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. ACCEPT: Ifyou received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. Ifyou received a Letter ofpermission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance ofthe LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations (JD) associated with the permit. OBJECT: Ifyou object to the permit (Standard or LOP) because ofcertain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II ofthis form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days ofthe date ofthis notice, or you will forfeit your right to appeal the permit in the future. Upon receipt ofyour letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all ofyour concerns, (b) modify the permit to address some ofyour objections, or (c) not modify the permit having detemlined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit. ACCEPT: Ifyou received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. Tfyou received a Letter ofpermission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance ofthe LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: Ifyou choose to decline the proffered permit (Standard or LOP) because ofcertain terms and conditions therein, you may appeal the declined permit under the Corps ofengineers Administrative Appeal Process by completing Section II ofthis form and sending the form to the division engineer. This form must be received by the division engineer within 60 days ofthe date ofthis notice. C: PERMIT DENIAL: You may appeal the denial ofa permit under the Corps ofengineers Administrative Appeal Process by completing Section II ofthis form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date ofthis notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date ofthis notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. APPEAL: Ifyou disagree with the approved JD, you may appeal the approved JD under the Corps ofengineers Administrative Appeal Process by completing Section II ofthis form and sending the form to the division engineer. This foml must be received by the division engineer within 60 days ofthe date ofthis notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. Ifyou wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD.

49 REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to areview ofthe administrative recor~ the Corps memorandum for the record ofthe appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the re.cord. However, you may provide additional information to clarify the location ofinformation that is already in the administrative record. ~ =#'.", ~~>t, ",(k,lln> l::1:~w,1i,) - - < Ifyou have questions regarding this decision and/or the appeal process you may contact: Arel Simpson U.S. Army Corps ofengineers Regulatory Branch 4155 Clay Street Vicksburg, MS Telephone No.: (601) Ifyou only have questions regarding the appeal process you may also contact: Regulatory Appeals Review Officer USACE- Mississippi Valley Division Post Office Box 80 Vicksburg, MS Telephone No.: (601) RIGHT OF ENTRY: Your signature below grants the right ofentry to Corps ofengineers personnel, and any government consultants, to conduct investigations ofthe project site during the course ofthe appeal process. You will be provided a 15 day notice ofany site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature ofappellant or agent. <..~ -.

50 Cannon Landfill, LLC Class 4 Landfill Pre-Application Proposed Class 4 Landfill Expansion APPENDIX E Separation Distances and Buffer Zone Location Restrictions Civil Engineering Associates, LLC July 2014 (Revised August 2015)

51 2114 East Matthews Avenue Jonesboro, Arkansas Fax May 2, 2014 Arkansas Department of Health Attn: Mr. Dennis Taylor, P.E West Markham, Slot 37 Little Rock, Arkansas SUBJECT: Proposed Landfill Expansion Cannon Landfill, LLC Class 4 Landfill Solid Waste Permit No S4-R3; AFIN Dear Mr. Taylor, Cannon Landfill, LLC (Cannon) is currently in the process of applying for a Permit Modification from the Arkansas Department of Environmental Quality (ADEQ) for the expansion of their Class 4 landfill. The permit modification will involve an increase in the permitted area and waste disposal capacity at the facility. The ADEQ requires a landfill separation distance of 500 feet from existing wells or water intakes used as a drinking water source. This separation distance requirement (Arkansas Regulation (a)(1)) is applicable to all new landfills and existing landfill expansions. Civil Engineering Associates, LLC is requesting your assistance in identifying any drinking water sources in the vicinity of the Cannon Class 4 Landfill property boundaries. Enclosed with this letter are two maps. Figure 1 shows the general location of the facility on an Arkansas state highway map. Figure 2 shows the approximate boundaries of the existing permitted landfill site and the proposed expansion area on a 7.5 minute quadrangle map. On behalf of Cannon, CEA sincerely appreciates your cooperation and attention regarding this matter. Please call us with any questions or if you need additional information. Sincerely, CIVIL ENGINEERING ASSOCIATES, LLC Lance Powell, P.E. Project Manager Enclosures: Figure 1 Site Location Map Figure 2 Site Map cc: O.C. Cannon HOT SPRINGS JONESBORO POPLAR BLUFF

52 Cannon Landfill, LLC Class 4 Landfill SITE LOCATION MAP CANNON LANDFILL, LLC CLASS 4 LANDFILL 2009 HIGHWAY MAP OF ARKANSAS Arkansas State Highway and Transportation Department DESIGNED BY: DRAWN BY: APPVD. BY: SCALE: DATE: JOB NO: FIGURE 1 RLP RLP RLP NTS NOVEMBER 2013 CL-13-04

53 SITE LOCATION EXISTING CLASS 4 LANDFILL FACILITY 8 ACRES Approximate Lat/Long Center of Property: N 34º20 19 W 92º10 58 FIGURE 2 SITE MAP Cannon Landfill, LLC Class 4 Landfill Whitehall, Arkansas PART OF THE NW 1/4, SE 1/4, SEC 27, T 4S, R 11W RE: USGS 7.5 Minute Quadrangle Hardin

54 Arkansas Department of Health 4815 West Markham Street Uttle Rock, Arkansas Telephone (501) Governor Mike Beebe Nathaniel Smith, MD, MPH, Director and State Health Officer May 28, 2014 Lance Powell, P.E. eivil Engineering Associates, LLC PO Box 1036 Camden, AR Engineering Section, Slot 37 Ph Fax After Hours Emergency AFIN: ~~ 3 Pmt#: (J Z5& -5 =- K3 8 ~~ ijun o 6 201\ ~ D~ E#: k~.x; 0 To: _)? RE: ADH No , ADEQ Permit No S4-R3, AFIN No , Cannon Landfill, LLC. -Class 4 Landfill, Jefferson County, Arkansas. Dear M. Powell, A staff review has been made of the information received on the referenced project. There are no public water supply sources located within 500 ft. of the referenced landfill. However, the Arkansas Department of Health recommends a well survey be conducted to determine if any private domestic wells are impacted. If you have any questions or comments, please coordinate them through Brad Jones at Sincerely, ~--/'.rl Lyle Godfre~f. U Chief, Technical Support Engineering Section MF:DT:LG:DR:bj CC: Benjamin Jones, Chief, Solid Waste Division, Arkansas Dept. of Environmental Quality 5301 Northshore Drive North Little Rock, AR

55

56 Cannon Landfill, LLC Class 4 Landfill Pre-Application Proposed Class 4 Landfill Expansion APPENDIX F Endangered Species Demonstration Civil Engineering Associates, LLC July 2014 (Revised August 2015)

57 2114 East Matthews Avenue Jonesboro, Arkansas Fax May 5, 2014 United States Fish and Wildlife Service Arkansas Field Office ATTN: Ms. Margaret Harney 110 South Amity Road, Suite 300 Conway, AR SUBJECT: Proposed Landfill Expansion Cannon Landfill, LLC Class 4 Landfill Solid Waste Permit No S4-R3; AFIN Dear Ms. Harney, Cannon Landfill, LLC (Cannon) is currently in the process of applying for a Permit Modification from the Arkansas Department of Environmental Quality (ADEQ) for the expansion of their Class 4 landfill. The permit modification will involve an increase in the permitted area and waste disposal capacity at the facility. Enclosed with this letter are two maps. Figure 1 shows the general location of the facility on an Arkansas state highway map. Figure 2 shows the approximate boundaries of the existing permitted landfill site and the proposed expansion area on a 7.5 minute quadrangle map. Cannon is required to notify the United States Fish and Wildlife Service (USF&W) regarding the landfill expansion. In addition, the ADEQ will require a letter from the USF&W regarding the existence of threatened or endangered species or habitat (if any) in the vicinity of the planned expansion. On behalf of Cannon, Civil Engineering Associates, LLC sincerely appreciates your cooperation and attention regarding this matter. Please call us with any questions or if you need additional information. Sincerely, CIVIL ENGINEERING ASSOCIATES, LLC Lance Powell, P.E. Project Manager Enclosures: Figure 1 Site Location Map Figure 2 Site Map cc: O.C. Cannon HOT SPRINGS JONESBORO POPLAR BLUFF

58 Cannon Landfill, LLC Class 4 Landfill SITE LOCATION MAP CANNON LANDFILL, LLC CLASS 4 LANDFILL 2009 HIGHWAY MAP OF ARKANSAS Arkansas State Highway and Transportation Department DESIGNED BY: DRAWN BY: APPVD. BY: SCALE: DATE: JOB NO: FIGURE 1 RLP RLP RLP NTS NOVEMBER 2013 CL-13-04

59 SITE LOCATION EXISTING CLASS 4 LANDFILL FACILITY 8 ACRES Approximate Lat/Long Center of Property: N 34º20 19 W 92º10 58 FIGURE 2 SITE MAP Cannon Landfill, LLC Class 4 Landfill Whitehall, Arkansas PART OF THE NW 1/4, SE 1/4, SEC 27, T 4S, R 11W RE: USGS 7.5 Minute Quadrangle Hardin

60 United States Department of the Interior FISH AND WILDLIFE SERVICE 110 S. Amity Road, Suite 300 Conway, Arkansas IN REPL Y REF!' R TO: Tel.: 501/ Fax: 501/ Reference: TAOS17 Lance Powell CEA, LLC East Matthews Ave. Jonesboro, AR Dear Mr. Powell: May 20,2014 The U.S. Fish and Wildlife Service (Service) has reviewed the infonnation supplied in your letter dated May 5, 2014, regarding the proposed expansion of the Cannon Landfill near the City of Pine Bluff, Jefferson County, Arkansas. Our comments are submitted in accordance with the Endangered Species Act (87 Stat. 884, as amended 16 U.S.C et seq.). The following federally listed threatened and endangered species are known to occur in this region: Interior Least Tern (Sterna Antillarum athalassos), Pink Mucket (Lampsilis abrupta), Piping Plover (Charadrius melodus), Rabbitsfoot (Quadrula cylindrica cylindrica), and Winged Mapleleaf (Quadrula fragosa). In addition, the federally protected Bald Eagle (Haliaeetus leucocephalus) and candidate Rattlesnake-master Borer Moth (Papaipema eryngii) are also known to occur in this region. The Saline River provides proposed critical habitat to the Rabbitsfoot. The proposed designation of critical habitat for the Rabbitsfoot by the Service considers physical or biological features essential to the conservation ofthese species. These include, but are not limited to: 1. Space for individual and population growth and for nonnal behavior; 2. Food,water, air, light, minerals,orother nutritional or physiologicalrequirernents; and 3. Sites for breeding, reproduction, or rearing; and Primary constituent elements are those specific elements ofthe physical or biological features that provide for a species' life history processes and are essential to the conservation ofthese species. Based on our current knowledge ofthe physical or biological features and habitat characteristics required to sustain life history processes for the Rabbitsfoot, the primary constituent elements specific to these species are: 1. Primary Constituent Element 1- Geomorphically stable river channels and banks (channels that maintain lateral dimensions, longitudinal profiles, and sinuosity patterns over time without an aggrading or degrading bed elevation) with habitats that support a

61 diversity of freshwater mussel and native fish (such as, stable riffles, sometimes with runs, and mid-channel island habitats that provide flow refuges consisting of gravel and sand substrates with low to moderate amounts of fine sediment and attached filamentous algae). 2. Primary Constituent Element 2-A hydrologic flow regime (the severity, frequency, duration, and seasonality of discharge over time) necessary to maintain benthic habitats where the species are found and to maintain connectivity ofrivers with the floodplain, allowing the exchange of nutrients and sediment for maintenance of the mussel's and fish host's habitat, food availability, spawning habitat for native fishes, and the ability for newly transformed juveniles to settle and become established in their habitats. 3. Primary Constituent Element 3-Water and sediment quality (including, but not limited to, conductivity, hardness, turbidity, temperature, ph, ammonia, heavy metals, and chemical constituents) necessary to sustain natural physiological processes for nonnal I behavior, growth, and viability of all life stages. I, 4. Primary Constituent Element 4-The presence and abundance (currently unknown) of I fish hosts pecessary for recruitment of the Rabbitsfoot. The occurrence of natural fish assemblages, reflected by fish species richness, relative abundance, and community compositi<;>n, for each inhabited river or creek will serve as an indication of appropriate I presence apd abundance of fish hosts until appropriate host fish can be identified. 5. Primary Cpnstituent Element 5-Either no competitive or predaceous invasive (nonnativ9) species, or such species in quantities low enough to have minimal effect on survival of freshwater mussels. I Sediment and/or rtutrient transport from the proposed project location may have direct, indirect, and/or cumulative effects to mussels, host fish(es), and/or their habitat(s). The effects of sedimentation and nutrients (e.g., ammonia, etc.) on mussels, fish, and their habitats are well documented in the scientific literature. Adverse effects associated with sedimentation and nitrification from all phases of construction activities may be minimized and/or alleviated through proper implementation and maintenance of erosion control best management practices and maintaining vegetative buffers. Buffer width is dependent upon slope, vegetation type, and soil types. The Service can provide additional technical assistance on appropriate vegetative buffer widths upon request. The comments herein are for the sole purpose of providing technical assistance to the action agency or for individual pre-project planning assistance. These comments and opinions should not be misconstrued as an "effect determination" or considered as concurrence with any proceeding determination(s) by the action agency in accordance with Section 7 of the ESA. These comments do not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of authorization (e.g., an ESA Section 10 Permit, a Biological

62 Opinion with "incidental take" provisions, a finding concurrence letter, etc.) from the Service, both lethal and nonlethal "take" ofprotected species are in violation of the ESA. We appreciate your interest in the conservation ofendangered species. If you have any questions, please contact the Arkansas Ecological Services Staffat (501) Sincerely, ~~ ~" \ Jim Boggs Project Leader

63 2114 East Matthews Avenue Jonesboro, Arkansas Fax May 2, 2014 Arkansas Natural Heritage Commission Attn: Ms. Cindy Osborne 1500 Tower Building 323 Center Street Little Rock, Arkansas SUBJECT: Proposed Landfill Expansion Cannon Landfill, LLC Class 4 Landfill Solid Waste Permit No S4-R3; AFIN Dear Ms. Osborne, Cannon Landfill, LLC (Cannon) is currently in the process of applying for a Permit Modification from the Arkansas Department of Environmental Quality (ADEQ) for the expansion of their Class 4 landfill. The permit modification will involve an increase in the permitted area and waste disposal capacity at the facility. This notification is being submitted on behalf of Cannon as required by Section of Arkansas Regulation 22 and is required to insure that activities at solid waste facilities do not cause or contribute to the taking of any endangered or threatened species of plants, fish, or wildlife or result in the destruction or adverse modification of the critical habitat of endangered or threatened species as identified in 50 CFR Part 17. Enclosed with this letter are two maps. Figure 1 shows the general location of the facility on an Arkansas state highway map. Figure 2 shows the approximate boundaries of the existing permitted landfill site and the proposed expansion area on a 7.5 minute quadrangle map. Civil Engineering Associates, LLC (CEA) is requesting that your office provide a determination and written documentation detailing the presence of endangered or protected flora and fauna species and critical habitats (if any) in the vicinity of the proposed project and the project s potential to impact these species (if applicable). On behalf of Cannon, CEA sincerely appreciates your cooperation and attention regarding this matter. Please call us with any questions or if you need additional information. Sincerely, CIVIL ENGINEERING ASSOCIATES, LLC Lance Powell, P.E. Project Manager Enclosures: Figure 1 Site Location Map Figure 2 Site Map cc: O.C. Cannon HOT SPRINGS JONESBORO POPLAR BLUFF

64 Cannon Landfill, LLC Class 4 Landfill SITE LOCATION MAP CANNON LANDFILL, LLC CLASS 4 LANDFILL 2009 HIGHWAY MAP OF ARKANSAS Arkansas State Highway and Transportation Department DESIGNED BY: DRAWN BY: APPVD. BY: SCALE: DATE: JOB NO: FIGURE 1 RLP RLP RLP NTS NOVEMBER 2013 CL-13-04

65 SITE LOCATION EXISTING CLASS 4 LANDFILL FACILITY 8 ACRES Approximate Lat/Long Center of Property: N 34º20 19 W 92º10 58 FIGURE 2 SITE MAP Cannon Landfill, LLC Class 4 Landfill Whitehall, Arkansas PART OF THE NW 1/4, SE 1/4, SEC 27, T 4S, R 11W RE: USGS 7.5 Minute Quadrangle Hardin

66 THE DEPARTMENT QE ARKANSAS HERITAGE Mike Beebe Governor Martha Miller Director Arkansas Arts Council Arkansas Historic Preservation Program Delta Cultural Center Mosaic Templars Cultural Center Old State House Museum Historic Arkansas Museum Arkansas Natural Heritage Commission 323 center Street, SultelSOO Little Rock, AR (501) fax: (501) tdd: (501) arkansasfalnaturalheritage.. com website: Date: May 12, 2014 Subject: Project Review Mr. Lance Powell, P.E. Civil Engineering Associates 2114 East Matthews Ave. Jonesboro, AR Dear Mr. Powell: This is to confirm receipt of your letter regarding the proposed Cannon Landfill Exapnsion project. Your project is being handled as an "opportunity to review" as described in the Information Sharing policy printed on the back of this letter. Under this policy, you will receive a written response from us only if we have specific concerns regarding the proposal. To receive confirmation that the project has been reviewed, you may contact me by phone at or at cindy@arkansasheritage.org after May 29,2014. An Arkansas Natural Heritage Commission (ANHC) project number will be provided to you at that time as evidence of our review. This is the only way to confirm that the project has been reviewed. If you wish to receive a letter from us, you may contact me and ask that your project be handled as an "information request." You should be aware that fees are applied to projects handled under that option. This letter only confirms receipt, not review, of your project. Please feel free to contact me if you have questions or need additional information. Sincerely, ~~ ~ Cindy Osborne Data Manager/Environmental Review Coordinator An Equal Opportunity Employer

67 Arkansas Natural Heritage Commission Department of Arkansas Heritage Information Sharing Environmental Review PolicieS/Procedures The Arkansas Natural Heritage Commission maintains a database of information on the known locations of species of conservation concern in Arkansas. This includes species listed as endangered or threatened under the Endangered Species Act as well as species of state concern. The database was developed to help the agency meet its mission of identifying and protecting natural areas in the state. The information is made available to outside users through the Agency's Environmental Reviewllnformation sharing program. County level information is available on the agency's web page, but site specific location information is only available through the Environmental Review/Information Sharing program. Two options for project review are offered: 1. A project may be handled as an "information request." If handled under this option, a 2-week review -- perioctwilt-be-assigned totfleprojegt:- A detailed database search will be conducted and a re.s~p=o",-n=s=e prepared. The response will include the results of the data search, as well as a county element list that has been annotated to indicate those sensitive species known to occur within a 1 and 5 mile radius of the project site. The requestor will receive a response from the agency whether the agency has particular concerns or not. There is a charge for this service, please visit. our web page for a full fee schedule: ( Typically small projects run $30.00-$ Users will receive an invoice with the projectresponse. This option provides a detailed project review, a two-week "turn-around" time (very large projects may take longer), and a definitive response. 2. A project may be submitted to the agency as an "opportunity for review." If handled under this option, a 3-4 week review period will be assigned to the project. If the agency has no concerns about the proposal, project papers will be filed without comments. The agency will make no response to the requestor unless it has specific concerns. If desired, the requestor may contact the agency to find out the disposition of the project. As evidence that the review has been conducted, the requestor will be given the "ANHC Number" for the project. This is a unique identifying number assigned by the agency to each project it handles. A project handled as an "opportunity to review" is typically given a lower priority than an information request, time frames are likely to be. much longer, and the responsibility to verify that a review has been conducted falls solely upon the requestor. There is no charge for this option. _---, " ~.>------~----- Requestors should clearly identify in a cover letter which review option they prefer. To handle reviews and requests efficiently, we prefer to receive a map depicting the project area boundaries delineated on a copy of a 1 :24,000 topographic map or an ArcView shapefileof the project area (this. - speeds up the data -searcn). If this is not avaitable,- we Will neea tcf receive at reastthe lownship~- - -~--- range, and section (1/4 section if possible) of the review site or latitude and longitude coordinates.. Because our data is stored on topographic maps, street addressesare much more difficult to search, which could add to overall costs for information requests or time for reviews. Reviews for cultural resources (historice structures or archeological Sites) are handled by the Arkansas Historic Preservation Program (AHPP), another agency of the Department of Arkansas Heritage. Requests for cultural reviews should be submitted separately to AHPP. For more information on AHPP you may visit their web page ( or call them at

68 Lance Powell From: Sent: To: Subject: Cindy Osborne Tuesday, July 15, :42 AM RE: Cannon Class 4 Landfill Expansion Lance, Staff members of the Arkansas Natural Heritage Commission have reviewed the material you submitted on the proposed Cannon Landfill Expansion (Solid Waste Permit No S4 R3; AFIN ). No specific concerns were identified and the project was filed without comment. The ANHC number assigned to the review was: P CF Sincerely, Cindy Osborne Data Manager/Environmental Review Coordinator Arkansas Natural Heritage Commission 323 Center Street, Suite 1500 Little Rock, AR Phone: Fax: cindy@arkansasheritage.org From: Lance Powell [mailto:lpowell@ce-associates.biz] Sent: Tuesday, July 15, :31 AM To: cindy@arkansasheritage.org Subject: Cannon Class 4 Landfill Expansion Cindy, I am ing to receive confirmation that the referenced project has been reviewed. Thanks, Lance Powell, P.E. Project Manager CIVIL ENGINEERING ASSOCIATES, LLC 2114 East Matthews Avenue Jonesboro, Arkansas Phone: (870) Fax: (870) Mobile: (870)

69 2114 East Matthews Avenue Jonesboro, Arkansas Fax May 2, 2014 Arkansas Game and Fish Commission Attn: Mr. Robert K. Leonard 2 Natural Resources Drive Little Rock, Arkansas SUBJECT: Proposed Landfill Expansion Cannon Landfill, LLC Class 4 Landfill Solid Waste Permit No S4-R3; AFIN Dear Mr. Leonard, Cannon Landfill, LLC (Cannon) is currently in the process of applying for a Permit Modification from the Arkansas Department of Environmental Quality for the expansion of their Class 4 landfill. The permit modification will involve an increase in the permitted area and waste disposal capacity at the facility. This notification is being submitted on behalf of Cannon as required by Section of Arkansas Regulation 22. Cannon is required to notify the Arkansas Game and Fish Commission regarding the landfill expansion plans as part of the pre-application process. The United States Fish and Wildlife Service has also been notified regarding the landfill expansion and requested to comment on the existence of threatened or endangered species or habitat (if any) in the vicinity of the planned expansion. On behalf of Cannon, Civil Engineering Associates, LLC sincerely appreciates your cooperation and attention regarding this matter. Please call us with any questions or if you need additional information. Sincerely, CIVIL ENGINEERING ASSOCIATES, LLC Lance Powell, P.E. Project Manager cc: O.C. Cannon CONWAY JONESBORO POPLAR BLUFF

70 Mike Knoedl Di!&tor Mike Armstrong Ieepiae lite NabnI Slate aaiirai. Ricky Chastain Deputy Director Jeff Crow Deputy Director Arkansas Game and Fish Commission Deputy Director June 5,2014 Lance Powell Civil Engineering Associates, LLC 2114 East Matthews Ave. Jonesboro, AR Re: Proposed Landfill Expansion - Cannon Landfill, LLC Class 4 Landfill- Solid Waste Pennit No S4-R3, AFIN Mr. Powell, The Arkansas Game and Fish Commission (AGFC) has for a number ofyears reviewed proposed federally funded projects for the potential presence ofthreatened or endangered species covered by the Endangered Species Act (ESA). However, the U.S. Fish and Wildlife Service (USFWS) is in actuality the ultimate legal authority for providing review and clearance for these projects and for the administration ofthe ESA and the National Environmental Policy Act. Because the State ofarkansas has no analogous statutory counterpart to the ESA, the review that AGFC has provided in the past has therefore been nonbinding and redundant, as USFWS has also been required to conduct this process. In light ofthis, AGFC will no longer be conducting these reviews. Thus, all inquiries regarding threatened and endangered species reviews and clearance for projects in Arkansas requiring such should be directed to: U.S. Fish & Wildlife Service 110 South Amity Road, Suite 300 Conway, AR The AGFC has no Wildlife Management Areas within the vicinity ofthe project area. Ifour agency can be of further assistance, please feel free to contact us. Sincerely, f4ffi Jennifer Elise Sheehan Chief, Federal Regulatory Program 2 Natural Resources Drive Little Rock. AR Phone (800) (501) Fax (501) The Arkansas Game and Ash Commission's mission is to conserve and enhance Arkansas's fish and wildlife and their habitats while promoting sustainable use. public understanding and support

71 Cannon Landfill, LLC Class 4 Landfill Pre-Application Proposed Class 4 Landfill Expansion APPENDIX G Historic Archeology Correspondence Civil Engineering Associates, LLC July 2014 (Revised August 2015)

72 2114 East Matthews Avenue Jonesboro, Arkansas Fax May 5, 2014 Arkansas Historic Preservation Program Attn: Ms. Frances McSwain 1500 Tower Building 323 Center Street Little Rock, Arkansas SUBJECT: Proposed Landfill Expansion Cannon Landfill, LLC Class 4 Landfill Solid Waste Permit No S4-R3; AFIN Dear Ms. McSwain, Cannon Landfill, LLC (Cannon) is currently in the process of applying for a Permit Modification from the Arkansas Department of Environmental Quality (ADEQ) for the expansion of their Class 4 landfill. The permit modification will involve an increase in the permitted area and waste disposal capacity at the facility. Enclosed with this letter are two maps. Figure 1 shows the general location of the facility on an Arkansas state highway map. Figure 2 shows the approximate boundaries of the existing permitted landfill site and the proposed expansion area on a 7.5 minute quadrangle map. As part of the permit modification application process, Cannon is required to indicate whether the proposed landfill expansion will disturb any known archeological sites as recognized by the Arkansas Archaeological Survey. On behalf of Cannon, Civil Engineering Associates, LLC (CEA) is requesting a Section 106 Review of the proposed landfill expansion by the Arkansas Historic Preservation Program. On behalf of Cannon, CEA sincerely appreciates your cooperation and attention regarding this matter. Please call us with any questions or if you need additional information. Sincerely, CIVIL ENGINEERING ASSOCIATES, LLC Lance Powell, P.E. Project Manager Enclosures: Figure 1 Site Location Map Figure 2 Site Map cc: O.C. Cannon HOT SPRINGS JONESBORO POPLAR BLUFF

73 Cannon Landfill, LLC Class 4 Landfill SITE LOCATION MAP CANNON LANDFILL, LLC CLASS 4 LANDFILL 2009 HIGHWAY MAP OF ARKANSAS Arkansas State Highway and Transportation Department DESIGNED BY: DRAWN BY: APPVD. BY: SCALE: DATE: JOB NO: FIGURE 1 RLP RLP RLP NTS NOVEMBER 2013 CL-13-04

74 SITE LOCATION EXISTING CLASS 4 LANDFILL FACILITY 8 ACRES Approximate Lat/Long Center of Property: N 34º20 19 W 92º10 58 FIGURE 2 SITE MAP Cannon Landfill, LLC Class 4 Landfill Whitehall, Arkansas PART OF THE NW 1/4, SE 1/4, SEC 27, T 4S, R 11W RE: USGS 7.5 Minute Quadrangle Hardin

75 CE CIVIL EIIGIIElII18ISS0ClAltS. LtC May 5,2014 Arkansas Historic Preservation Program Attn: Ms. Frances McSwain 1500 Tower Building 323 Center Street Little Rock, Arkansas AHPP MAY 0 S '20' East Matthews Avenue Jonesboro, Arkansas Fax SUBJECT: Proposed Landfill Expansion Cannon Landfill, LLC Class 4 Landfill Solid Waste Permit No S4-R3; AFIN Dear Ms. McSwain, Cannon Landfill, LLC (Cannon) is currently in the process of applying for a Permit Modification from the Arkansas Department of Environmental Quality (ADEQ) for the expansion of their Class 4 landfill. The permit modification will involve an increase in the permitted area and waste disposal capacity at the facility. Enclosed with this letter are two maps. Figure 1 shows the general location of the facility on an Arkansas state highway map. Figure 2 shows the approximate boundaries of the existing permitted landfill site and the proposed expansion area on a 7.5 minute quadrangle map. As part of the permit modification application process, Cannon is required to indicate whether the proposed landfill expansion will disturb any known archeological sites as recognized by the Arkansas Archaeological Survey. On behalf of Cannon, Civil Engineering Associates, LLC (CEA) is requesting a Section 106 Review of the proposed landfill expansion by the Arkansas Historic Preservation Program. On behalf of Cannon, CEA sincerely appreciates your cooperation and attention regarding this matter. Please call us with any questions or if you need additional information. Sincerely, '._. C!VIL ENGINEERING ASSOCIATES, LLC ~~-. Lance Powell, P.E. Project Manager Date 0 (4 No known h.l..is1-:-o"":ric~r"""q'-fert -7.I><-es-:":will be Enclosures: Figure 1 - Site Location Map affected by this undertaking. This Figure 2 - Site Map ect dete~rminatjqnquid ~hange ~IIC ~f:wght. -. cc: O.C. Cannon Frances McSWain, Deputy State HIstoriC Preservation Officer HOT SPRINGS JONESBORO POPLAR BLUFF

76 Cannon Landfill, LLC Class 4 Landfill Pre-Application Proposed Class 4 Landfill Expansion APPENDIX H Property Ownership Documentation Civil Engineering Associates, LLC July 2014 (Revised August 2015)

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82 Cannon Landfill, LLC Class 4 Landfill Pre-Application Proposed Class 4 Landfill Expansion APPENDIX I Disclosure Statement Civil Engineering Associates, LLC July 2014 (Revised August 2015)

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92 Cannon Landfill, LLC Class 4 Landfill Pre-Application Proposed Class 4 Landfill Expansion APPENDIX J Certificate of Need Documentation Civil Engineering Associates, LLC July 2014 (Revised August 2015)

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94 Cannon Landfill, LLC Class 4 Landfill Pre-Application Proposed Class 4 Landfill Expansion APPENDIX K Notification to Local Authority Civil Engineering Associates, LLC July 2014 (Revised August 2015)

95 2114 East Matthews Avenue Jonesboro, Arkansas Fax May 6, 2014 The Honorable Dutch King Jefferson County Judge 101 East Barraque Street Pine Bluff, Arkansas SUBJECT: Proposed Landfill Expansion Cannon Landfill, LLC Class 4 Landfill Solid Waste Permit No S4-R3; AFIN Judge King: Cannon Landfill, LLC (Cannon) is currently in the process of applying for a Permit Modification from the Arkansas Department of Environmental Quality (ADEQ) for the expansion of their Class 4 landfill. The permit modification will involve an increase in the permitted area and waste disposal capacity at the facility as indicated on the attached map. As you are aware, the facility is located within Jefferson County, Arkansas. Any new landfill or expansion to an existing landfill must insure that the proposed landfill is sited in accordance with Arkansas Regulation (f): If the proposed site is located in a municipality or county that has not adopted restrictions on sites in conjunction with a county-wide comprehensive land use plan or in a solid waste management district that has not adopted site restrictions, the applicant shall notify the municipality and county of jurisdiction over the proposed site and the solid waste management board by certified mail prior to submission of the preapplication. Civil Engineering Associates, LLC (CEA) is officially notifying Jefferson County, Arkansas of Cannon s intent to expand the permitted disposal capacity of their Class 4 landfill. A Certificate of Need from the Southeast Arkansas Regional Solid Waste Management District was recently granted on April 14, On behalf of Cannon, CEA sincerely appreciates your cooperation and attention regarding this matter. This letter serves as a notification only and does not require any action on behalf of Jefferson County. Please call us with any questions. Sincerely, CIVIL ENGINEERING ASSOCIATES, LLC Lance Powell, P.E. Project Manager Enclosures: Figure 2 Site Map cc: O.C. Cannon HOT SPRINGS JONESBORO POPLAR BLUFF

96 SITE LOCATION EXISTING CLASS 4 LANDFILL FACILITY 8 ACRES Approximate Lat/Long Center of Property: N 34º20 19 W 92º10 58 FIGURE 2 SITE MAP Cannon Landfill, LLC Class 4 Landfill Whitehall, Arkansas PART OF THE NW 1/4, SE 1/4, SEC 27, T 4S, R 11W RE: USGS 7.5 Minute Quadrangle Hardin

97 Cannon Landfill, LLC Class 4 Landfill Pre-Application Proposed Class 4 Landfill Expansion APPENDIX L Host Community Approval Documentation Civil Engineering Associates, LLC July 2014 (Revised August 2015)

98 RESOLUTION NO WHEREAS, Cannon Landfill, LLC is applying for a permit modification for its Class 4 Landfill located Northwest of White Hall, Arkansas to continue disposal of Nonputrescible wastes; and VVHEREA.S, No threat of pollution to the City of White Hall exists because of the disposal of Class 4 Materials by the method requested in the permit modification application; and WHEREAS, The City of White Hall has accepted the sitting of the landfill and has no objection to the granting of a permit modification for Class 4 waste disposal by Cannon Landfill, LLC. NOW THEREFORE, BE IT RESOLVED that the City Council of White Hall, Arkansas adopt this resolution allowing Cannon Landfill, LLC to apply for a permit modification to continue operation of a Class 4 landfill. PASSED AND ADOPTED this 19 th day of May /?~~ Mayor ATTEST: 5:.QL~~ City ClerklTreasurer,:1htD:llka:QIID. '! ~ ",~i~:9j'" SANDRA TRUMAN ::l~otar\\;,= MY COMMISSION # ~ :-, pe;.;:,c ~ f EXPIRES: February 16,2021 "';;i~~~~~,'" Jefferson County c1,.qfiljml.j;ut)'yij)jj

99 Cannon Landfill, LLC Class 4 Landfill Pre-Application Proposed Class 4 Landfill Expansion APPENDIX M Site Geology Information Civil Engineering Associates, LLC July 2014 (Revised August 2015)

100 United States Department of Agriculture Natural Resources Conservation Service A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Jefferson and Lincoln Counties, Arkansas Cannon Landfill, LLC May 6, 2014

101 Preface Soil surveys contain information that affects land use planning in survey areas. They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment. Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations. Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments ( nrcs/main/soils/health/) and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center ( offices.sc.egov.usda.gov/locator/app?agency=nrcs) or your NRCS State Soil Scientist ( cid=nrcs142p2_053951). Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey. Information about soils is updated periodically. Updated information is available through the NRCS Web Soil Survey, the site for official soil survey information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means 2

102 for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C or call (800) (voice) or (202) (TDD). USDA is an equal opportunity provider and employer. 3

103 Contents Preface...2 How Soil Surveys Are Made...5 Soil Map...7 Soil Map...8 Legend...9 Map Unit Legend...10 Map Unit Descriptions...10 Jefferson and Lincoln Counties, Arkansas Savannah fine sandy loam, 3 to 8 percent slopes Smithdale fine sandy loam, 3 to 8 percent slopes...13 References

104 How Soil Surveys Are Made Soil surveys are made to provide information about the soils and miscellaneous areas in a specific area. They include a description of the soils and miscellaneous areas and their location on the landscape and tables that show soil properties and limitations affecting various uses. Soil scientists observed the steepness, length, and shape of the slopes; the general pattern of drainage; the kinds of crops and native plants; and the kinds of bedrock. They observed and described many soil profiles. A soil profile is the sequence of natural layers, or horizons, in a soil. The profile extends from the surface down into the unconsolidated material in which the soil formed or from the surface down to bedrock. The unconsolidated material is devoid of roots and other living organisms and has not been changed by other biological activity. Currently, soils are mapped according to the boundaries of major land resource areas (MLRAs). MLRAs are geographically associated land resource units that share common characteristics related to physiography, geology, climate, water resources, soils, biological resources, and land uses (USDA, 2006). Soil survey areas typically consist of parts of one or more MLRA. The soils and miscellaneous areas in a survey area occur in an orderly pattern that is related to the geology, landforms, relief, climate, and natural vegetation of the area. Each kind of soil and miscellaneous area is associated with a particular kind of landform or with a segment of the landform. By observing the soils and miscellaneous areas in the survey area and relating their position to specific segments of the landform, a soil scientist develops a concept, or model, of how they were formed. Thus, during mapping, this model enables the soil scientist to predict with a considerable degree of accuracy the kind of soil or miscellaneous area at a specific location on the landscape. Commonly, individual soils on the landscape merge into one another as their characteristics gradually change. To construct an accurate soil map, however, soil scientists must determine the boundaries between the soils. They can observe only a limited number of soil profiles. Nevertheless, these observations, supplemented by an understanding of the soil-vegetation-landscape relationship, are sufficient to verify predictions of the kinds of soil in an area and to determine the boundaries. Soil scientists recorded the characteristics of the soil profiles that they studied. They noted soil color, texture, size and shape of soil aggregates, kind and amount of rock fragments, distribution of plant roots, reaction, and other features that enable them to identify soils. After describing the soils in the survey area and determining their properties, the soil scientists assigned the soils to taxonomic classes (units). Taxonomic classes are concepts. Each taxonomic class has a set of soil characteristics with precisely defined limits. The classes are used as a basis for comparison to classify soils systematically. Soil taxonomy, the system of taxonomic classification used in the United States, is based mainly on the kind and character of soil properties and the arrangement of horizons within the profile. After the soil scientists classified and named the soils in the survey area, they compared the 5

105 Custom Soil Resource Report individual soils with similar soils in the same taxonomic class in other areas so that they could confirm data and assemble additional data based on experience and research. The objective of soil mapping is not to delineate pure map unit components; the objective is to separate the landscape into landforms or landform segments that have similar use and management requirements. Each map unit is defined by a unique combination of soil components and/or miscellaneous areas in predictable proportions. Some components may be highly contrasting to the other components of the map unit. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The delineation of such landforms and landform segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, onsite investigation is needed to define and locate the soils and miscellaneous areas. Soil scientists make many field observations in the process of producing a soil map. The frequency of observation is dependent upon several factors, including scale of mapping, intensity of mapping, design of map units, complexity of the landscape, and experience of the soil scientist. Observations are made to test and refine the soillandscape model and predictions and to verify the classification of the soils at specific locations. Once the soil-landscape model is refined, a significantly smaller number of measurements of individual soil properties are made and recorded. These measurements may include field measurements, such as those for color, depth to bedrock, and texture, and laboratory measurements, such as those for content of sand, silt, clay, salt, and other components. Properties of each soil typically vary from one point to another across the landscape. Observations for map unit components are aggregated to develop ranges of characteristics for the components. The aggregated values are presented. Direct measurements do not exist for every property presented for every map unit component. Values for some properties are estimated from combinations of other properties. While a soil survey is in progress, samples of some of the soils in the area generally are collected for laboratory analyses and for engineering tests. Soil scientists interpret the data from these analyses and tests as well as the field-observed characteristics and the soil properties to determine the expected behavior of the soils under different uses. Interpretations for all of the soils are field tested through observation of the soils in different uses and under different levels of management. Some interpretations are modified to fit local conditions, and some new interpretations are developed to meet local needs. Data are assembled from other sources, such as research information, production records, and field experience of specialists. For example, data on crop yields under defined levels of management are assembled from farm records and from field or plot experiments on the same kinds of soil. Predictions about soil behavior are based not only on soil properties but also on such variables as climate and biological activity. Soil conditions are predictable over long periods of time, but they are not predictable from year to year. For example, soil scientists can predict with a fairly high degree of accuracy that a given soil will have a high water table within certain depths in most years, but they cannot predict that a high water table will always be at a specific level in the soil on a specific date. After soil scientists located and identified the significant natural bodies of soil in the survey area, they drew the boundaries of these bodies on aerial photographs and identified each as a specific map unit. Aerial photographs show trees, buildings, fields, roads, and rivers, all of which help in locating boundaries accurately. 6

106 Soil Map The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. 7

107 92 11' 7'' W Custom Soil Resource Report Soil Map 92 10' 42'' W 34 20' 31'' N ' 31'' N ' 4'' N ' 4'' N 92 11' 7'' W N Map Scale: 1:4,070 if printed on A portrait (8.5" x 11") sheet. Meters Feet Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 15N WGS ' 42'' W